Latest Case: State v. Varlas (Criminal Law)

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State v. Varlas

Docket: 19-0005

Opinion Date: June 11, 2020

Judge: Walker

Areas of Law: Criminal Law

The Supreme Court vacated a 2018 sentencing order entered by the circuit court after a third trial that failed to suspend Petitioner's sentence of ten to twenty-five years' incarceration in favor of probation, holding that the sentence was an impermissible increase in penalty under State v. Eden, 256 S.E.2d 868 (W. Va. 1979). In 2014, Petitioner was convicted of attempted sexual abuse in the first degree and sexual assault in the second degree. For sexual assault in the second degree, Petitioner was sentenced to ten to twenty-five years' incarceration, suspended in favor of five years' probation. The Supreme Court reversed the convictions and remanded for a new trial. A second trial ended in a mistrial. In 2018, after a third trial, Petitioner was again convicted of attempted sexual abuse in the first degree and sexual assault in the second degree. In its new sentencing order, the circuit court failed to suspend the sentence of ten to twenty-five years' incarceration in favor of probation. The Supreme Court vacated the 2018 sentencing order, holding that the sentence violated Petitioner's due process rights.